By-laws of the Asian Federation Against Involuntary Disappearances

ARTICLE I

MEETINGS OF THE CONGRESS

Section 1. The Congress shall be convened every three years.

Section 2. A Special Congress may be called upon by the Council or two- thirds of the member-organizations.

Section 3. Notices of the date, time and place of the Congress shall be sent by fax and/or e-mail, at least two months before the date of such meeting. The notice of every special meeting shall state briefly the agenda of the meeting. No other business shall be considered at such meeting, except with the consent of the simple majority present thereat.

Section 4. A quorum for any meeting of the members shall consist of two-thirds of the members and a majority of such quorum may decide on any question at a meeting. In case the majority fails to participate, the body can continue the meeting in its consultative capacity.

Section 5. Each member-organization is in principle, entitled to one vote. If there are more than two organizations from the same country, these organizations are entitled to a maximum of two votes during a congress in order to maintain the balance of the decision-making of the Congress. The AFAD officers are not entitled to a vote in the Congress.

ARTICLE II

THE CONGRESS

Section 1. The Congress shall have the powers to amend and ratify the Orientation, Constitution and By-Laws and formulate the General Program of Action of the federation.

Section 2. The Congress shall elect the Chairperson, the Secretary-General, the Treasurer and one representative from South and East Asian subregions respectively who form the Executive Council.

Section 3. Each member-organization is in principle entitled to one vote in the Congress. If there are two or more organizations in the same country, these organizations will be entitled to two votes during the Congress In order to maintain a balance within the federation. The officers are not entitled to a vote in the Congress.

Section 4. The voting delegates to the Congress should be at least eighteen years old on the date of the Congress.

Section 6. The Congress reserves the right to know the financial status of the federation.

ARTICLE III

THE COUNCIL

Section 1. The Council shall formulate general policies consistent with the general program drawn up by the Congress. It shall meet once a year to assess the implementation of the federation’s objectives. Special meetings of the Council may be called upon by the simple majority of the Council membership as the need arises.

Section 2. It shall particularize and approve the plans of the federation and its corresponding budget.

Section 3. It shall have the power to approve and recognize members of the federation. It shall also approve, after due process, the suspension or expulsion of members.

Section 4. The quorum for the Council meeting is simple majority. All decisions of the Council will be taken by simple majority of votes, except on matters pertaining to membership, which necessitates two-thirds majority.

Section 5. - It shall ensure the information of policy decisions to all members.

Section 6. The term of the Executive Council members shall be three years. The officers may be reelected.

Section 7. In case of vacancy in any position of the officers, the Council shall elect from among the members who are not Executive Council members a replacement in consultation with the member-organization. The elected officer shall serve the rest of the term as a full voting member.

Section 8. Any member of the Council can be suspended or terminated for willful violation of the Constitution or By-Laws, negligence of duties, misconduct or any acts inimical to the federation. Through its head officer, any member-organization of the federation may file charges against a Council member by submitting a written complaint to the Council. The Council shall deliberate on the charges. After due process, the affirmative vote of a two-thirds of a duly constituted quorum of the Council shall be necessary to suspend or terminate a member of the Council.

Section 9. Illness or other serious impediments to the functioning of a member of the Council may be a reason to terminate his/her term. The Council will require a two-third vote of a duly constituted quorum for such a termination and shall be done in consultation with the concerned  member-organization.

Section 10. The Council shall ensure that its annual plans are particularized by the different member-organizations through the facilitation of the secretariat.

Section 11. The Council shall ensure that the Secretariat facilitates the day-to-day implementation of the federation’s general program of action.

 

ARTICLE IV

FUNCTIONS AND POWERS OF COUNCIL MEMBERS

Section 1. The Chairperson shall:

  1. Preside over meetings of the Congress and the Council; 
    b. Represent the federation in public functions;
    c. Be entitled to sit in all meetings of any body or committee of the federation;
    d. Represent the federation in local, national, regional and international events and organizations;
    e. Act as the official spokesperson of the federation;
    g. Establish ties with allies and friends in the national, regional and international levels.

Section 2. The Secretary General as the Head of the secretariat shall:

  1. Oversee the program and administrative operations of the secretariat and the full implementation of the projects;
    b. Take the place of the Chairperson when the latter is not available;
    c. Ensure the funding of the federation and relates to funding agencies and other donors through reports, proposals, etc. in coordination with the Treasurer;
    d. Submit reports to the Council;
    e. Attend all meetings of the Congress and the Council.
    f. Act as one of the signatories to the federation’s bank accounts.

Section 3. The Treasurer shall:

  1. Be responsible for the over-all financial management of the federation;
    b. In cooperation with the Secretary General, recommend measures to generate funds for the federation;
    c. Review and sign financial reports;
    d. Attend all meetings of the Congress, Council and EC
    e. Ensure that an annual financial audit is conducted.

Section 4. The Representatives of Member- Organizations

  1. Submit regular reports
    Ensure that decisions are transmitted to the member-organizations for implementation. 
    c. Attend meetings of the Congress, the Council and other AFAD activities where invited.

Section 4: POWERS AND FUNCTIONS OF EC

  1. EC will serve as the human resource committee, responsible for hiring, terminating and monitoring of services.
  2. The EC shall process the membership applications for the Council to decide.
  3. The EC will review the proposals and reports before they are transmitted to the funders.

The EC shall be responsible for preparing the agenda of and the actual Congress, Council and other regional events. The EC shall plan, facilitate and/or participate in the regional and international lobbying

ARTICLE V

MEMBERSHIP

Section 1. The application for membership shall be processed by the Executive Council and be recommended to the Council for approval by a two-thirds majority of the total Council membership.

Section 2. Prospective members shall be endorsed by an organization with established credentials.

Section 3. All members shall have the same basic rights and duties as those that are inherent in any democratic federation.

Section 4. The rights and/or duties of  member organizations are:

  1. To choose its representatives to the Council and its delegates to the Congress. 
    b. To have its representatives and its delegates vote and be voted upon.
    c. To nominate and endorse candidates for membership.
    d. To submit proposals, reports, country updates, statements, appeals or complaints to appropriate bodies of the federation.
    e. To be informed of the financial status of the federation;
    f.  To be furnished a copy of all reports, notices, statements and publications issued by the federation for circulation among members and to the general public; and
    g. To advise the leading bodies and officers of the federation.
    h. To become project implementers and/or beneficiaries or take part in the activities of the federation.
    i. To attend membership meetings and other activities of the federation;
    j. To pay membership fees and dues promptly and regularly;
    k. To uphold and defend the prestige and integrity of the federation;

Section 6. A member may resign from the federation through a written communication addressed to the Secretary-General and to be deliberated upon by the Council. Any organization that resigns shall have no claim to any asset of the federation or any documents processed and produced by the federation.

 

ARTICLE VI

SUSPENSION, TERMINATION AND EXPULSION OF MEMBERSHIP

Section 1. Any member of the federation may file charges against a member by filing a written complaint to the Chairperson of the federation. The Council shall deliberate on the charges. After due process, the affirmative vote of the two- thirds of the members of the Council shall be necessary to suspend, terminate or expel a member.

Section 2.  Bases of suspension, termination and expulsion of membership include:

  1. Violation of the principles of the federation;
  2. Consistent neglect of a member’s duties and responsibilities.


ARTICLE VII

FUNDS AND SOURCES OF FUNDS

Section 1. Membership dues in the amount of US$ 50 shall be collected from each member-organization every year.

Section 2. The federation shall implement income-generating projects that can build up its capacity and sustainability.

Section 3. The federation shall undertake informative, educational and cultural activities to raise funds and other resources from the general public.

Section 4. Voluntary contributions in cash, kind or service will be accepted from entities outside the federation as long as such contributions do not deter and undermine the integrity of the federation.

Section 5. The fiscal year of the federation shall start on 1 January and ends on 31 December of each year.

 

ARTICLE VIII

AFAD ADDRESS

Section 1. The federation has its address in Metro Manila, Philippines. The Congress may change the address of the Federation.


ARTICLE IX

SEAL

Section 1. The official logo of the federation features hands holding up a globe as symbol of international cooperation and unity.


ARTICLE X

AMENDMENTS

Section 1. These by-laws or any provision hereof, may be amended or repealed by a two-thirds vote of the Congress at any of its regular or special meeting.


ARTICLE XI

ABOLITION OF THE FEDERATION

Section 1. The Congress, during its regular session or special session called for the purpose, shall have the exclusive power to decide on the abolition of the federation by a vote of three-fourths of a duly constituted quorum.

RATIFIED DURING THE 6TH AFAD CONGRESS HELD NEGOMBO, SRI LANKA ON 10-16 DECEMBER 2017